Title IX of the Education Amendments of 1972 (Title IX) is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities.  All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal assistance must comply with Title IX (U.S. Department of Education, 2014). Under Title IX regulations, institutions such as Mount St. Joseph University have the obligation of ensuring that every student has access to educational opportunities and that an environment is created that allows all campus community members to be successful.

 

Mount's Policy on Sex Discrimination, Sexual Misconduct, and Interpersonal Violence.

MOUNT ST. JOSEPH UNIVERSITY SEX DISCRIMINATION, SEXUAL MISCONDUCT AND INTERPERSONAL VIOLENCE POLICY

Mount St. Joseph University (the “University”) is committed to providing an educational environment free from discrimination and harassment on the basis of race, color, origin, religion, age, disability, sex (sexual orientation and gender identity) or any other legally protected status.  The Sex Discrimination, Sexual Misconduct and Interpersonal Violence Policy (the “Policy”) focuses on incidents of sex discrimination (including sexual harassment and sexual misconduct), domestic violence, dating violence, and stalking.
https://mymount.msj.edu/ICS/icsfs/Sex_Discrimination_Sexual_Misconduct_and_Interpers.pdf?target=d4f332d3-641c-4d11-a60d-ecd28b091f9a.
 

This Policy applies to all University community members, including students, prospective students, employees, professors, administrators, visitors, or other third-parties.  This Policy applies not only to conduct occurring within the typical classroom or campus settings, but also to any location owned or operated by the University as well as University-sponsored or University-sanctioned functions taking place outside of those typical settings.

The University expects that all members of its community will help promote a learning environment free from the conduct prohibited under this Policy.  Any off-campus conduct that has an actual or potential adverse impact on another’s working or learning environment may also violate this Policy.  The University will consider the effects of off-campus conduct—including conduct that did not occur in the context of an education program or activity—when evaluating whether there is a violation of this Policy.
          
Sexual harassment, which includes sexual misconduct, is a form of sex discrimination.  Conduct that may constitute sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors and other verbal, electronic, or physical conduct based on sex or of a sexual nature as defined in this policy.  Sexual misconduct includes, but is not necessarily limited to, sexual assault (both non-consensual intercourse and non-consensual sexual contact), sexual exploitation, and indecent exposure as defined in this policy.  Often times, incidents of sexual misconduct also involve other acts of interpersonal violence including but not limited to domestic violence, dating violence, and stalking as defined in this policy.  The University prohibits interpersonal violence such as domestic violence, dating violence, and stalking, regardless of whether it is related to conduct of a sexual nature.  Detailed definitions of conduct prohibited by the Policy can be found by reviewing the Policy at
https://mymount.msj.edu/ICS/icsfs/Sex_Discrimination_Sexual_Misconduct_and_Interpers.pdf?target=d4f332d3-641c-4d11-a60d-ecd28b091f9a.

Sexual intercourse or sexual contact without consent is a violation of this Policy.  Consent is defined in the Policy and is permission that is clear, knowing, voluntary, and expressed prior to engaging in and during an act.  Consent is active, not passive.  Consent requires words and/or actions that demonstrate a voluntary agreement to engage in mutually agreed-upon sexual activity. Detailed examples of effective consent under the Policy can be found by reviewing the Policy at 
https://mymount.msj.edu/ICS/icsfs/Sex_Discrimination_Sexual_Misconduct_and_Interpers.pdf?target=d4f332d3-641c-4d11-a60d-ecd28b091f9a.

The University will not tolerate any form of retaliation taken against anyone who makes a complaint of conduct prohibited by this Policy or anyone who cooperates in the investigation of a complaint of conduct prohibited by this Policy.

Any employee or student bringing forth a complaint of sex discrimination, sexual misconduct, interpersonal violence or retaliation and any employee or student accused of such conduct will be provided with a written statement of their rights, reporting options, and resourceshttps://mymount.msj.edu/ICS/icsfs/Title_IX_Pamphlet.pdf?target=9d48912f-ff83-482e-9ff5-32b6913e45fc.